Terms and Conditions of Use
Welcome to the Envoydistributors.com website (the "Envoydistributors.com Site"), a website owned and operated by Envoy Comic Distributors.
Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, books, magazines, newspapers, periodicals, movies and television shows ("Digital Content").
I. LICENSES AND RESTRICTIONS
VI. RISK OF LOSS
VII. PRODUCT DESCRIPTIONS
VIII. AGE OF USERS
IX. TERMINATION OF USAGE
XI. PASSWORD AND ACCOUNT SECURITY
XII. ONLINE INTERACTIONS
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
XVI. APPLICABLE LAW; JURISDICTION
XVII. DISPUTE RESOLUTION
XVIII. DIGITAL MILLENIUM COPYRIGHT ACT
XIX. ADDITIONAL TERMS AND CONDITIONS
I. LICENSES AND RESTRICTIONS
Envoy Comic Distributors grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Envoy Comic Distributors) of the Envoydistributors.com Site and its contents, which includes Envoy Comic Distributors Software. Additional terms and conditions apply to User Created Content, as that term is defined in Section XII below. Envoy Comic Distributors further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Envoydistributors.com Site so long as the link does not portray Envoy Comic Distributors, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
· modify, download (other than page caching, reproduce, copy, or resell the Envoydistributors.com Site, the Content or any portion or derivative thereof;
· commercially use the Envoydistributors.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Envoy Comic Distributors);
· copy or download any User's account or profile information for the benefit of any third party;
· enable high volume, automated, electronic processes that apply to the Envoydistributors.com Site or its systems, the Content or any portion or derivative thereof;
· use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Envoydistributors.com Site or its systems, the Content or any portion or derivative thereof for any purpose;
· interfere or attempt to interfere with the proper working of the Envoydistributors.com Site;
· bypass any measures used by Envoy Comic Distributors to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
· frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Envoy Comic Distributors;
· use Envoy Comic Distributors’ name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
· compile, repackage, disseminate or otherwise use data extracted from the Envoydistributors.com Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Envoy Comic Distributors’ express written consent (which may include a written agreement signed by an authorized representative of Envoy Comic Distributors). Any unauthorized use of the Envoydistributors.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Envoy Comic Distributors.
Envoy Comic Distributors, or its parent, subsidiaries, or affiliates, or third parties from whom Envoy Comic Distributors has permission, own the trademarks or service marks that are used on the Envoydistributors.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Envoy Comic Distributors and its licensors may not be used without prior written consent of Envoy Comic Distributors or its licensor, as the case may be. Without limiting the foregoing, no Envoy Comic Distributors trademark or trade dress may be used in connection with any product or service that is not Envoy Comic Distributors’, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Envoy Comic Distributors.
User acknowledges that the Envoydistributors.com Site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Envoy Comic Distributors owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Envoydistributors.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
Envoy Comic Distributors is a distributor and not a publisher of Content supplied by third parties and Users. Envoy Comic Distributors has no editorial control over such Content. Envoy Comic Distributors is not obligated to review Content, including User Created Content, as that term is defined in Section XII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Envoy Comic Distributors or any Envoydistributors.com Provider, unless expressly stated otherwise. Neither Envoy Comic Distributors nor any Envoydistributors.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Envoydistributors.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Envoy Comic Distributors or any Envoydistributors.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Envoydistributors.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the Envoydistributors.com Site.
Any software distributed by Envoy Comic Distributors is "commercial computer software" or "commercial computer software documentation." The U.S. Government's rights with respect to the Envoy Comic Distributors Software are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the Envoy Comic Distributors Software and the Envoydistributors.com Site that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the Envoy Comic Distributors Software or the Envoydistributors.com Site for any illegal purpose. Because the Envoy Comic Distributors Software, the Envoydistributors.com Site, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or "re-export" (transfer) the Envoy Comic Distributors Software or any Content, including User Created Content, unless User has complied with all applicable U.S. export controls.
The price for an item on the Envoydistributors.com Site may differ from the price shown in a User's shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Envoydistributors.com Site. If the price for the item on the Envoydistributors.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Envoy Comic Distributors, Envoy Comic Distributors may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
VI. RISK OF LOSS
The risk of loss and title for all items purchased via the Envoydistributors.com Site pass to the User upon delivery of the item to the carrier.
VII. PRODUCT DESCRIPTION
The items offered for sale on the Envoydistributors.com Site contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Envoy Comic Distributors does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM ENVOY COMIC DISTRIBUTORS THAT IS NOT AS DESCRIBED ON THE ENVOYDISTRIBUTORS.COM SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
VIII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Envoy Comic Distributors websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Envoy Comic Distributors websites, we will remove that information as soon as possible.
IX. TERMINATION OF USAGE
In certain cases, in Envoy Comic Distributors’ sole discretion, Envoy Comic Distributors may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Envoydistributors.com Site has been terminated including the right to use, access or create any account thereon; (ii) that Envoy Comic Distributors refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
XI. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Envoydistributors.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Envoy Comic Distributors account using an old e-mail address, such User will not receive messages from Envoy Comic Distributors about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's Envoy Comic Distributors account or within the Envoydistributors.com Site Online Interactions.
XII. ONLINE INTERACTIONS
The Envoydistributors.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Online Interactions"). This Section XII, Online Interactions, applies to the activities of persons who are using interactive services on the Site ("Online Interactions Users"). The scope of these services may change from time to time, with or without notice. You are using Online Interactions services if you post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature.
Envoy Comic Distributors reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Online Interactions services for any reason.
If you become aware of misuse of the Online Interactions services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the Flag feature on the page in question.
Notwithstanding the foregoing, Envoy Comic Distributors assumes no responsibility for ongoing monitoring of the Envoydistributors.com Site or for removal or editing of any User Created Content, even after receiving notice. Envoy Comic Distributors assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Online Interactions.
The Envoydistributors.com Site online Online Interactions is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Envoy Comic Distributors does not specifically sponsor or endorse any of these sites or their services.
You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Envoydistributors.com Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Envoydistributors.com Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Envoydistributors.com Site or the networks or services connected to the Online Interactions services; impersonates or attempts to impersonate another Online Interactions User, person or entity; uses the account, username, or password of another Online Interactions User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Envoydistributors.com Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.
Online Interactions Users may upload to or otherwise submit to Envoy Comic Distributors for distribution on the Envoydistributors.com Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Envoy Comic Distributors to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Envoy Comic Distributors is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Online Interactions Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Envoy Comic Distributors assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Online Interactions, Online Interactions Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted Envoy Comic Distributors, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Envoy Comic Distributors retains any and all rights which may exist in such User Created Content.
User consents to receive electronic communications from Envoy Comic Distributors, whether addressed to the e-mail address associated with such User's Envoy Comic Distributors account or posted on the Envoydistributors.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Envoydistributors.com Site satisfies any legal requirement that such communications be made in writing.
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
Envoy Comic Distributors is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the Envoydistributors.com Site or through the Envoydistributors.com Services, whether caused by Users of the Envoydistributors.com Site or the Envoydistributors.com Services or by any of the equipment or programming associated with or utilized in the Envoydistributors.com Site or the Envoydistributors.com Services, including the Envoy Comic Distributors Software. Content, including User Created Content, does not necessarily reflect the opinions or policies of Envoy Comic Distributors. Profiles and third party applications created and posted by Users on the Envoydistributors.com Site may contain links to other websites. Envoy Comic Distributors is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Envoy Comic Distributors. Inclusion of any linked website on the Envoydistributors.com Services does not imply approval or endorsement of the linked website by Envoy Comic Distributors. When you access these third party sites, you do so at your own risk. Envoy Comic Distributors takes no responsibility for third party advertisements or third party applications that are posted on or through the Envoydistributors.com Site or the Envoydistributors.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Envoy Comic Distributors is not responsible for the conduct, whether online or offline, of any User of the Envoydistributors.com Site or the Envoydistributors.com Services. Envoy Comic Distributors assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Envoy Comic Distributors is not responsible for any problems or technical malfunction of the Envoy Comic Distributors Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Envoydistributors.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Envoydistributors.com Site or Services. Under no circumstances shall Envoy Comic Distributors be responsible for any loss or damage, including personal injury or death, resulting from use of the Envoydistributors.com Site or Services, from any Content, including User Created Content, posted on or through the Envoydistributors.com Services, from the Envoy Comic Distributors Software, or from the conduct of any Users of the Envoydistributors.com Site or Envoydistributors.com Services, whether online or offline.
The Envoydistributors.com Site and the Envoy Comic Distributors Software are provided by Envoy Comic Distributors on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Envoydistributors.com Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither Envoy Comic Distributors nor any Envoydistributors.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Envoydistributors.com Site, or the information, Content, including User Created Content, the Envoy Comic Distributors Software, and materials or products included thereon; (ii) that the Envoydistributors.com Site or the Envoy Comic Distributors Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including User Created Content, service, the Envoy Comic Distributors Software, or merchandise provided through the Envoydistributors.com Site; or (iv) that the Envoydistributors.com Site, its servers, the Envoy Comic Distributors Software, Content, including User Created Content, or e-mails sent from or on behalf of Envoy Comic Distributors are free of viruses, scripts, trojan horses, worms or other harmful components.
Envoy Comic Distributors does not guarantee the continuous, uninterrupted or secure access to the Envoydistributors.com Site, the Envoy Comic Distributors Software, or any related services. The operation of the Envoydistributors.com Site and the Envoy Comic Distributors Software may be interfered with by numerous factors outside the control of Envoy Comic Distributors.
Under no circumstances shall Envoy Comic Distributors or any Envoydistributors.com Provider be liable for any damages that result from the use of or inability to use the Envoydistributors.com Site, including but not limited to reliance by a User on any information obtained from the Envoydistributors.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Envoy Comic Distributors’ records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including User Created Content, the Envoy Comic Distributors Software, merchandise, and services available through the Envoydistributors.com Site.
Neither Envoy Comic Distributors nor any Envoydistributors.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Envoydistributors.com Site, the Envoy Comic Distributors Software, or the purchase or download of any Content, or product therefrom, even if Envoy Comic Distributors or any Envoydistributors.com Provider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XVI. APPLICABLE LAW; JURISDICTION
Each of Envoy Comic Distributors and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within New Castle County, Delaware and waives any objection to the laying of venue of any litigation in said courts.
XVII. DISPUTE RESOLUTION
Alternatively, at Envoy Comic Distributors' sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New Castle County, Delaware.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. Envoy Comic Distributors reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Envoy Comic Distributors, including User Created Content, infringe your copyright, you (or your agent) may send Envoy Comic Distributors a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Envoy Comic Distributors to locate the material on the Envoy Comic Distributors Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Envoy Comic Distributors a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: email@example.com. Envoy Comic Distributors suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
XIX. ADDITIONAL TERMS AND CONDITIONS
· Copyright Policy: Accessible via a link on the bottom of the Envoydistributors.com Site pages